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Uninsured/Underisured Motorist Coverage
Types and Sources of Insurance Coverage
Property Damage and Diminished Value Claims
Insurance Claim Process
Personal Injury Lawsuit
Recoverable Personal Injury Damages
Factors that Affect Personal Injury Case Value
In general, insurance companies determine fault based on the state's legal definition of negligence. Florida is a pure comparative negligence state, which means that an injured party can seek compensation of his or her damages even if partially at fault for the accident. However, the partially at fault party’s damages are be limited by the percentage of his own fault. For example, if a speeding driver rear-ends a driver who made an improper lane change, both drivers may bear a degree of fault each driver’s recovery may be limited by the percentage of his fault.
The initial determination of fault is generally made by a police officer at the scene of the accident. However, because a ticket cannot be used as evidence of fault in court, insurance adjusters have to conduct their own investigation into the circumstances of the accident prior to determining fault or assigning shares of fault among the parties. Although the adjuster’s liability determination is not final and can be contested, it is very difficult to turn the liability determination around without a personal injury attorney.
Contested liability cases are complex because they require presentation of substantial evidence of the circumstances of the accident and lengthy negotiations. The supporting evidence may include a police report, witness statements, photographs of the accident scene and property damage to all vehicles, traffic camera video, accident reconstruction report, black box or EDR data, etc. We know how to assess the accident and the law, and we can advocate for the lowest percentage of fault on behalf of our client. If we reach and impasse with the claim’s adjuster, we can file a lawsuit to resolve the issue of fault in court.
If you would like to have your case evaluated by an experienced Florida personal injury attorney, call our office now for a free non-obligation consultation. You owe us nothing unless we win your case, and in most cases we are able to substantially reduce our personal injury contingency fees to save you hundreds or even thousands of dollars.